State GOP blasts Worcester Democrat for ad in church festival program

WORCESTER — The state Republican Party is criticizing Register of Probate Stephen G. Abraham for using the official state seal in a church festival program ad.

While Mr. Abraham paid $250 for the notice in the St. Spyridon Greek Orthodox Cathedral program out of his campaign finance account, the ad does not mention that he is a candidate.

It refers to his elected position overseeing divorces, child custody and estates issues in Worcester County and congratulates the Greek Orthodox church for celebrating 100 years in the city.

Even so, Republican officials said the use of the gold seal violates both state law and rulings by the state Ethics Commission that prohibit use of the image for political fundraising or other campaign purposes.

"It's clearly campaigning if he's paying for it out of his campaign account," said Robert Cunningham, executive director of the Massachusetts Republican State Committee. "He's a seasoned political guy and that's the way it works. You can find justifications for everything.

"As far as I'm concerned, this is a paid political ad," he continued.

Mr. Abraham, a lawyer and former Worcester city councilor, was elected to his first term in 2002 and is running for his third six-year term.

After running unopposed in 2008, he will likely face his first opposition this year, Republican Stephanie Kotseas Fattman, a law student and wife of state Rep. Ryan Fattman, R-Webster. Mr. Fattman is running his own campaign, against state Sen. Richard T. Moore, D-Uxbridge.

Ms. Fattman has not officially announced her candidacy, but she has qualified for the primary ballot as the only Republican candidate for the probate register's post.

Ms. Fattman did not return several messages seeking comment for this story.

In an interview, Mr. Abraham maintained that the piece in the program for the June 8 Grecian Festival is not political in nature and that he views it as a contribution to the church, with which he has long been associated.

Mr. Abraham noted that he has been running similar ads in the festival program for many years.

"There's a distinction between an ad for political purposes and one that just says I'm register of probate," he said. "Everyone knows I'm putting this ad in. It's an election year, but in this particular case, I'm not campaigning."

Mr. Abraham said he had not seen a proof of the ad yet. An electronic copy was emailed to the Telegram & Gazette by a person who took issue with the ad's use of the state seal.

Mr. Abraham said he did not design the ad, but only provided his business card to the copy shop, which took the information, including the seal and his business address at the Worcester County courthouse on Main Street.

Mr. Abraham also said he received approval from the secretary of state's office to run the ad with the seal.

Brian S. McNiff, spokesman for Secretary of State William F. Galvin, said Mr. Abraham had been in contact with the office recently.

"He was not told it was OK. He was told it is not a prohibited use," Mr. McNiff said. "Someone could still complain about it."

A key ethics opinion that refers to use of the state seal was issued in 1992.

"The use by a public official of the Seal for political fundraising or other campaign purposes exceeds the proper use of a public employee's office," the opinion, posted on the Ethics Commission website, reads in part. "Such campaign activity benefits a personal rather than a public interest."

Mr. Abraham's campaign spending report for the first half of May shows he paid the church for the ad May 7.

"The purpose of a candidate making expenses (from their campaign spending accounts) is to enhance his or her political future," said Jason Tait, a spokesman for the state Office of Campaign and Political Finance. "I'm not in a position to determine whether it's a political ad."

Contact Shaun Sutner at Shaun.Sutner@telegram.com. Follow him on Twitter @ssutner